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(A) The following options for payment of all impact fees incident to connection to the city sewer system shall be offered to owners of property at such time as said properties are provided notice of sewer availability:
(1) Option one: Full payment within 90 days of receipt of notice of sewer availability or actual connection to the system, whichever date is earlier, with no interest charged.
(2) Option two: Payment in 12 or 24 equal monthly installments at 4% interest per annum with the first installment due 90 days after receipt of notice of sewer availability or actual connection to the system, whichever date is earlier.
(3) Option three: Payment in three equal annual installments at 7% interest per annum on the unpaid balance with the first installment due 90 days after receipt of notice of sewer availability or actual connection to the system, whichever date is earlier. The second installment would be due 12 months after the date that the first installment became due and payable and would include the payment of interest accrued to the actual date of payment of the second installment. The third and final installment would be due 24 months after the first installment became due and payable and would include the payment of interest accrued to the actual date of the payment.
(4) If any payment under options two or three is not made within 30 days after the date same is due and payable, the entire balance shall become due and payable without notice. In addition, the city reserves the right to exercise such other authority as it has to enforce payment, including but not limited to the discontinuance of water service, until the full balance then due and owing is paid.
(5) The interest rates set forth in options two and three may from time to time be modified by resolution of the City Commission.
(B) The city is hereby authorized to terminate all city utility service to any establishment which fails to pay the connection charges as herein provided until such time as said charges have been paid in full.
(C) Security for payment:
(1) In the event that an affected property owner shall elect to pay the required connection fee as provided for by division (A) hereof, the owner shall provide the city with evidence of actual title to the affected property and all persons having an ownership interest therein shall be required to join in the application for service. The city shall place a lien on the affected property in favor of the city as security for payment of the said charges.
(2) The Finance Director is hereby authorized and directed to prepare such forms and agreements as are necessary to carry out the intent of this section.
(D) In the event an owner fails or refuses to timely connect to the city's sewer system, the city may employ any legally available remedy, including but not limited to, injunctive relief, and use of the code enforcement process. In the event the city is required to resort to legal action, all costs incurred, including attorney's fees and court costs, shall be assessed to the owner. The City Manager is authorized to initiate such proceedings as are permitted by law to enforce any rights that the city may have to recover the impact and connection fees for sewer connection, including but not limited to the foreclosure of any lien herein provided for.
(Ord. 656, passed 9-13-93; Am. Ord. 1518, passed 11-6-14)